The Legal Implications of Online Surveillance Tools

Online surveillance tools permit investigators to track the activities of individuals in real-time. They could include cameras, microphones, GPS trackers and biometric scanners such as fingerprint and Iris scanners. They can also contain software that monitors the computer’s activities, like keyloggers.

The application of these tools has serious legal implications. They could violate human rights and must be subject to clear legal frameworks that protect privacy. These frameworks must define the rationales for their use and outline the authorization processes that are required including judicial oversight. They should also set the limits of data collection and retention.

Inconsistency in the use of such tools can be a problem because it could encourage users to self-censor themselves because of fear of being monitored. In addition, the widespread use of social media monitoring for the purpose of detecting threats, free from suspicion of wrongdoing could result in a flood of irrelevant information that can crowd out information about — and resources for — genuine public safety issues.

While these tools may offer law enforcement agencies with significant investigative advantages, they must also be governed by clear legal frameworks that guarantee the rights of individuals. The laws should specify the rationales for their use, define the necessary authorization procedures and set limits on the collection and storage of data. The tools should be subject to judicial supervision since an independent judicial review could aid in preventing misuse of surveillance technology. In addition regular reporting and disclosure of information can build trust and facilitate public debate about the appropriate size and limits of these tools.

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